Other conditions decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining medical records and determining his employability due to service-connected disabilities.

The Board has granted service connection for the Veteran's right tibia fracture and associated decreased sensation, but denied a higher initial rating. The Veteran is currently rated at 20 percent for his disability.

The Veteran's left leg cellulitis with history of MRSA and lymphagitis has not affected more than 20 percent of the left leg, and does not require intermittent systemic therapy such as corticosteroids for a total duration of more than six weeks during the past 12-month period. Therefore, an initial evaluation in excess of 10 percent is denied.

The Veteran's petition to reopen a claim of service connection for residuals of right foot injury, third toe was denied. The effective date for the grant of service connection for PTSD was set at February 17, 2009.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of claims for service connection for lower back injury and left thigh disorder.

The Veteran seeks service connection for a left hand and arm disability, including arthritis and impairment to the radius. The RO has remanded the case due to inadequate medical examination reports.

The Veteran's service-connected atrial fibrillation is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the case for additional development, including obtaining medical records from Seymour Johnson AFB and results of the Veteran's April 2010 colonoscopy at Tanner Clinic. The Veteran will also be scheduled for a VA examination to determine the nature and etiology of his diagnosed diverticulitis.

The Veteran's claim for service connection has been reopened due to the submission of new and material evidence. The issue is whether this new evidence supports a finding that his current condition was first manifested in service or is congenital in nature but underwent an increase in severity during service.

The Veteran's appeal for compensation under the provisions of 38 U.S.C.A. § 1151 for right leg length discrepancy has been dismissed as he withdrew his appeal.

The Veteran's service-connected diabetes mellitus is found to have caused or aggravated his peripheral artery disease, status post aorto-bifemoral arterial bypass surgery. Service connection for this condition is granted.

The Board has determined that the appellant cannot be recognized as the Veteran's surviving spouse due to their separation lasting over 57 years and the appellant's subsequent remarriage.

The Board has remanded the case for further development and review of new evidence submitted by the Veteran.

The Veteran's claim for service connection for a chronic respiratory disorder, which he asserts is secondary to in-service chemical exposure, has been denied as there is no evidence of mustard gas exposure and the current condition is not related to his active duty.

The Veteran's claim for service connection for a skin disorder is being remanded due to the need for additional medical records and authorization from the Veteran.

The Board has dismissed the appeal due to the Veteran's death.

The Board has determined that there is no current disability for the right foot or hand conditions, and thus service connection cannot be granted.

The Veteran's skin disorder, manifested by a pruritic rash, is related to his period of active service and the Board grants service connection for this condition.

The Board finds that the Veteran's bilateral eye disorder is not due to carelessness, negligence, or similar instance of fault on the part of VA in furnishing hospital care, medical treatment, or examination. Therefore, compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board found that the Veteran's service-connected right tibial fracture residuals do not meet the criteria for a higher rating, as they do not result in malunion of the tibia and fibula with moderate knee or ankle disability.